A Critical Analysis of the Relevance and Appropriateness of Part IV of the Information and Communication Technologies (ICT) Act No 15 of 2009

Abstract

This dissertation critically analyses the relevance and appropriateness of part IV of the ICT Act no 15 of 2009, the rules that govern radio licensing. Act no 15 of 2009 was meant to streamline the laws around ICT services, but Part IV still holds on to old rules from the 1994 Radiocommunications Act which it replaced. The idea of a "Radio License" is outdated and does not reflect what the Zambia Information and Communications Technology Authority (ZICTA) does such as issuance of Network Licenses, Service Licenses and allocations of limited resources. The provisions of part IV have led to confusion, legal gray areas and practical headaches for everyone involved, which weakens how well the ICT sector is managed overall. The research begins by delving into the concepts behind ICT regulation, such as public interest theory, responsive regulation, and digital constitutionalism, and then explains how Zambia's system fits into those frameworks. It then examines the structure of ICT in Zambia, from institutions to regulations, with a focus on how ZICTA's role has expanded and the industry has evolved from a single provider to a more open market with several participants. The inquiry reveals major gaps between what is specified in the statute and how things work, particularly in terms of licensing, enforcement, and operator certification. To put things into context, the dissertation draws on the experiences of neighbouring countries including Kenya, Ghana, Namibia, and Tanzania, as well as broader principles like the African Union's Digital Transformation Strategy and the SADC Model ICT Policy and Law. These examples show how other governments have adopted flexible, tech agnostic licensing arrangements that promote innovative ideas, the integration of digital technology, and more open markets. The study also integrates real-world data and practitioner comments to show what happens when these old ideas are followed. In the end, the dissertation calls for repelling of Part IV entirely and switching to a single, modern licensing system that's neutral on technology and lines up with global standards. It pushes for ongoing law updates, input from all stakeholders and syncing up with regional and international norms. By tackling this old legislation and pushing for fresh regulations, the work adds to the conversation on reforming Zambia's ICT sector and helps the country aim for a strong, accessible digital economy that sparks innovation.